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LOUISVILLE GAS & ELEC. v. HARDIN & MEADE

Nos. 2008-SC-000348-DG, 2008-SC-000354-DG.

319 S.W.3d 397 (2010)

LOUISVILLE GAS AND ELECTRIC COMPANY, et al., Appellants, v. HARDIN & MEADE COUNTY PROPERTY OWNERS FOR CO-LOCATION, et al., Appellees. Kentucky Public Service Commission, Appellant, v. Hardin & Meade County Property Owners for Co-Location, et al., Appellees.

Supreme Court of Kentucky.

August 26, 2010.

Attorney(s) appearing for the Case

Allyson Kay Sturgeon , E.ON U.S. LLC, Louisville, KY, Robert M. Watt III , David T. Royse , Stoll Keenon Ogden PLLC, Lexington, KY, Sheryl G. Snyder , Griffin Terry Sumner , Frost Brown Todd LLC, Louisville, KY, John Gregory Cornett , E.ON U.S. Services, Louisville, KY, Counsel for Appellants/Appellees Louisville Gas and Electric Company and Kentucky Utilities Company.

Allyson Kay Sturgeon , E.ON U.S. LLC, Louisville, KY, John Gregory Cornett , E.ON U.S. Services, Louisville, KY, Counsel for Appellant/Appellee E.ON U.S. LLC.

Robert M. Watt III , David T. Royse , Stoll Keenon Ogden PLLC, Lexington, KY, Sheryl G. Snyder , Griffin Terry Sumner , Frost Brown Todd LLC, Louisville, KY, Counsel for Appellee E.ON U.S. LLC.

Richard W. Bertelson III , Helen C. Helton , Gerald Edward Wuetcher , David Shawn Samford , Kentucky Public Service Commission, Frankfort, KY, Counsel for Appellee/Appellant Public Service Commission of Kentucky.

Robert Withers Griffith , Stites & Harbison, PLLC, Louisville, KY, W. Henry Graddy IV , Randal Alan Strobo , W.H. Graddy & Associates, Midway, KY, Counsel for Appellees CDH Preserve, LLC and Hardin & Meade County Property Owners for Co-Location, et al.

Opinion of the Court by Justice SCHRODER.

Before us are appeals from a decision of the Court of Appeals reversing the Franklin Circuit Court's dismissal of an administrative appeal of a Public Service Commission order. Because Appellees failed to designate the record or move for enlargement of time to designate the record within the ten-day period in KRS 278.420(2), the circuit court did not have jurisdiction to adjudicate the claim. Hence, the opinion of the Court...

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